20058. Adulteration and Misbranding of butter.    U.S. v. 26 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. No. 28477. Sample No. 
3266-A.)
This action involved the shipment of a quantity of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat, the standard 
for butter prescribed by Congress.
On June 24, 1932, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 26 tubs of butter, remaining in the original un- 
broken packages at Chicago, Ill., alleging that the article had been shipped 
in interstate commerce on or about June 18, 1932, by the Hustler Farmers 
Creamery Co., from Hustler, Wis., to Chicago, Ill., and charging adulteration 
and misbranding in violation of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that a substance 
deficient in butterfat had been mixed and packed therewith so as to reduce 
and lower and injuriously affect its quality and strength, and had been sub- 
stituted in part for the said article. Adulteration was alleged for the further 
reason that the article contained less than 80 percent of butterfat.    •
Misbranding was alleged for the reason that the article had been sold, shipped, 
and labeled as butter, which was false and misleading, since it contained less 
than 80 percent of milk fat.
On August 26, 1932, Hustler Farmers Creamery Co., Hustler, Wis., claimant, 
having admitted the allegations of the libel and having consented to the entry of 
a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant for 
reworking under the supervision of this department, upon payment of costs 
and the execution of a bond in the sum of $1,000, conditioned in part that it 
should not be sold or disposed of conxrary to the Federal Food and Drugs Act 
and all other laws.
R. G. TTTGWELL, Acting Secretary of Agriculture.